Gillman v Gillman
Motion No: 2014-04108
Slip Opinion No: 2015 NY Slip Op 62291(U)
Decided on January 28, 2015
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M186255

E/ct

SHERI S. ROMAN, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2014-04108

Deborah Gillman, appellant,

v Lance E. Gillman, respondent.

(Index No. 194/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered March 13, 2014, on the ground that the record is inadequate, or, in the alternative, to direct the appellant to serve and file a replacement record, and to enlarge the time to serve and file a brief. Cross motion by the respondent pursuant to 22 NYCRR 670.9(b) for leave to file the trial exhibits "using the appendix method."

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a replacement record is granted to the extent that on or before February 23, 2015, the appellant shall serve and file a supplemental record containing the trial exhibits; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 25, 2015, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

ROMAN, J.P., SGROI, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court